Masterpiece Cakeshop v. Colorado Civil Rights Commission

What's at stake

The freedom to operate a business according to your religious beliefs

The freedom to express yourself artistically without endorsing a view with which you disagree

Summary

In 2012, two men asked Jack Phillips to create a wedding cake celebrating a same-sex marriage. Jack politely declined, offering to sell them anything in his store, but designing a custom wedding cake for a same-sex marriage was not something he could do, because of his religious beliefs about marriage. The Colorado Civil Rights Commission acted on the couple's complaint, finding Jack violated anti-discrimination law—despite the Commission giving a free pass to three different bakers who refused orders from customers opposing same-sex marriage.

ADF represented Jack at the U.S. Supreme Court, arguing that the government cannot force artists to use their expressive talents to celebrate events or express ideas that they do not support. In a 7-2 ruling, the Court found that the government was wrong to punish Jack for peacefully living out his beliefs in the marketplace. The Court called out the Commission’s double standard of punishing Jack, but not the three artists who refused messages against same-sex marriage. Holding that the free exercise clause forbids hostility toward religion, it rejected one Commissioner’s claim that believing marriage is between a man and woman is akin to being racist.

Masterpiece expanded on what the Court said before: religious persons merit protection as they seek to teach the principles that are so fulfilling and so central to their lives and faiths. And the decision dovetails with NIFLA v. Becerra, where the Court firmly rejected government-compelled speech—an issue argued, but not decided in Masterpiece. Together, Masterpiece and NIFLA are foundational to restoring religious freedom in America.

Biographies

Kristen K. Waggoner serves as General Counsel with Alliance Defending Freedom. Her role includes oversight of the U.S. legal division, a team of 100 attorneys and staff who engage in litigation, public advocacy, and legislative support.